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o��� oF TRUSr <br />c � t1 r <br />Loan No: 101237797 (Contlllued) /. � 1� V Q 3� U Page 5 <br />such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of <br />further assurance, certificates, and other documents as mey, in the sole opinion of Lender, be necessary or desirable in order to <br />effectuate, complete, perfect, continue, or preserve (1) Borrower's and Trustor's obligations under the Note, this Deed of Trust, and <br />the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, <br />whether now owned or hereafter acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing, Trustor <br />shall reimburse Lender for all costs and expenses incurred in cvnnection with the ma#ters referred to in this paragraph. <br />Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, Lender may do so far and in the name <br />of Trustor and at Trustor's expense. For such purposes, Trustor hereby irrevocably appoints Lender as Trustor's attorney-in-fact for <br />the purpose of making, executing, delivering, filing, recording, and daing all other things as may be necessary or desirable, in Lender's <br />sole opinion, tp accomplish the matters referred to in the preceding paragraph. <br />FULL PERFORMANCE. If Borrower and Trustor pay all the Indebtedness, including without limitation all future advances, when due, and <br />7rustor otherwise performs all the obligations imposed upan Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a <br />request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file <br />evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by <br />Trustor, if permitted by epplicable law. <br />�V�NTS �F D�FAULT. Each of #he following, at Lender's aptinn, shell canstitute an Event vt Default under this Deed of Trust: <br />Payment Default. Borrower fails ta make any paymant when due under the Indebtedness. <br />Other Defaults. Borrower or Trustor fails to comply with or to perform any other term, obligation, covenant or condition cantained in <br />this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, vbligation, covenant or condition <br />contained in any other agreement between Lender and Borrower or Trustor. <br />Compiiance Default. Failure to comply with any other term, obligation, covenant or condition contained in This Deed of Trust, the Note <br />or in any of the Related Documents. <br />Default on pther Payments. Failure of Trustor within the time raquired by this Deed of Trust tn make any payment for taxes or <br />insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. <br />False Statements. Any warranty, representation or statement made or furnished to Lender by Barrower or Trustor vr on 8orrower's or <br />Trustor's behalf under this Deed of 7rust or the Related Dpcuments is false or misleading in any material respect, either now or at the <br />time made or furnished or becames false or misleading at any time thereafter. <br />Defective Collateralization. This Qeed of Trust or any of the Related Documents ceases to be in full force and effect (including failure <br />of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. <br />Death or Insolvency. The death of Borrower or Trustor, the insolvency of Borrower or Trustor, the appointment of a receiver for any <br />part of Borrower's or Trustor's property, any assignment for the 6enefit of creditors, any type of creditor workout, or the <br />commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Trustor. <br />Creditar or Fvrfaitura Procesdings. Commencement of foreclasure or forfeiture proceedings, whether by judicial proceeding, self-help, <br />repossession or any other method, by any creditor of Borrower or Trustor or 6y any governmental agency against any prbperty <br />securing the Indebtedness. This includes a garnishment of any of Borrower's or Trustor's accounts, including deposit accounts, with <br />Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Trustor as to the validity or <br />reasonableness of the claim which is the 6asis of the creditor or forfeiture proceeding and if Borrower or Trustor gives Lender written <br />notice pf the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond fbr the creditor br forfeiture <br />proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or band for the dispute. <br />Breach of Other Agreement. Any breach by 8orrower or Trustor under the terms of any bther agreement between Borrower or <br />Trustor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement <br />concerning any indebtedness or other obligation of Borrower or Trustor to Lender, whether existing now or later. <br />Events Affenting Guarantor. Any of the preceding events occurs with respect tn any guarentor, endorser, surety, or accommodation <br />party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or <br />revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. <br />Adverse Change. A material adverse change occurs in Borrower's or Trustor's financial condition, or Lender believes the prospect of <br />payment ar perfprmance af the Indebtedness is impaired. <br />Insecurity. Lender in good faith believes itself insecure. <br />Right to Cure. If any default, other than a default in peyment is cura6le and if Trustor has not been given a notice of a breach bf the <br />same provisinn of this Deed of Trust within the preceding twelve (121 manths, it may be cured if Trustor, after Lender sends written <br />notice to Borrower demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more <br />than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default <br />and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably <br />practical. <br />RIGHTS AND REMEDIES ON DEFAl1LT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender <br />may exercise any one or more af the fpllpwing rights and remedies: <br />Acceleration Upon pefault; Additional Remedies. If any �vent of Pefault occurs as per the terms of the Note secured hereby, <br />Lender may declare all Inde6tedness secured by this Dasd of Trust to be due and payable and the same shall thereupon become <br />due and payable without any presentment, demand or protest vf any kind. Thereafter, Lender may: <br />(a) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and <br />without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its <br />